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CNN International: Fulton County Election Subversion Hearing; Search for Pennsylvania Prison Escapee; Missile Strike on Donetsk Market in Ukraine Kills at Least 17; Temperatures Match, Beat Record Highs Across U.S. Aired 4-4:30a ET
Aired September 07, 2023 - 04:00 ET
THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.
[04:00:00]
BIANCA NOBILO, CNN ANCHOR: Hello there and a warm welcome to our viewers joining us in the United States and wherever you are in the world. I'm Bianca Nobilo.
MAX FOSTER, CNN ANCHOR: I'm Max Foster joining you live from London. Just ahead on CNN NEWSROOM.
(BEGIN VIDEO CLIP)
UNIDENTIFIED FEMALE: Fulton County Superior Court judge, giving the first glimpse into how he plans to handle the sweeping election subversion case in Georgia.
UNIDENTIFIED MALE: It just seems a bit unrealistic to think that we can handle all 19 in 40 something days.
UNIDENTIFIED MALE: This is the moment convicted murderer Danelo Cavalcante escaped from Chester County prison in Pennsylvania.
UNIDENTIFIED MALE: Cavalcante escapes from the prison having crab walked up a wall.
UNIDENTIFIED MALE: The moment the powerful missile hit a market in Kostiantynivka in eastern Ukraine, chaos and carnage in the immediate aftermath.
(END VIDEO CLIP)
ANNOUNCER: Live from London, this is CNN NEWSROOM with Max Foster and Bianca Nobilo.
FOSTER: It is Thursday, September the 7th, 9:00 a.m. here in London, 4:00 a.m. in Atlanta, where the judge presiding over the Georgia election subversion case has ruled against two of Donald Trump's 18 co-defendants in their attempts to get solo trials.
NOBILO: That coming during the first televised hearing in the case since the indictment was filed last month. The Fulton County judge also expressing skepticism that a joint trial for all 19 defendants could be held in October and that is a sentiment shared by others.
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DAVID WOLFE, RUDY GIULIANI'S ATTORNEY: They're not going to try everybody together, and nobody's being -- nobody has asked to be tried together. The state seems to think that they can make that happen. I think that there are different groups. If you read the indictment and see what the allegations are against the different people. But no, I don't see 17 trials, 19 trials, I think 3 or 4 trials could happen and streamline.
(END VIDEO CLIP)
FOSTER: CNN's Paula Reid has more now from Washington.
BEGIN VIDEOTAPE)
SCOTT MCAFEE, FULTON COUNTY SUPERIOR COURT JUDGE: So based on what's been presented today, I am not finding the severance from Mr. Chesebro or Powell as necessary to achieve a fair determination of the guilt or innocence for either defendant in this case.
PAULA REID, CNN SENIOR LEGAL AFFAIRS CORRESPONDENT (voice over): Fulton County Superior Court Judge Scott McAfee in court Wednesday giving the first glimpse into how he plans to handle the sweeping election subversion case in Georgia, all in front of cameras allowed in the courtroom.
McAfee ruling Wednesday that defendants, Kenneth Chesebro and Sidney Powell, who both filed for a speedy trial cannot be separated and will stand trial together in a matter of weeks.
SCOTT GRUBMAN, ATTORNEY FOR KENNETH CHESEBRO: Obviously, we're a little disappointed. We filed the motion and it was denied. However, we respect the court's ruling.
REID (voice over): Now the issue before the court will be whether it's realistic that all 19 defendants, including former President Donald Trump be tried together.
GRUBMAN: To say that all 19 defendants should be tried together, including ones that don't want to avail themselves of the speedy trial demand is really just nonsensical.
REID (voice over): Fulton County District Attorney, Fani Willis has said from the beginning, she wants to do just that.
FANI WILLIS, DISTRICT ATTORNEY, FULTON COUNTY: Do I intend to try the 19 defendants in this indictment together? Yes.
REID (voice over): But the judge expressing skepticism in court Wednesday about that plan, and whether they can put on a massive trial for all the defendants as soon as October 23rd, the date now on the calendar for Chesebro and Powell.
MCAFEE: It just seems a bit unrealistic to think that we can handle all 19 in 40-something days. Are we even delaying the inevitable? If we say there's no severance, are we going to have 17 defense attorneys get up here and file motions for a continuance just saying they're not ready.
REID (voice over): This, as some defendants like Trump's former White House chief-of-staff, Mark Meadows are trying to get their cases moved to federal court.
MCAFEE: I think we've already had some counsel indicating they are on trial in other cases in federal court.
REID: Late Wednesday, the District Attorney, Fanie Willis, asked the court to issue protections for any potential jurors who work on this case. This request comes after members of the grand jury, their identities were published in that indictment that went out to the entire world. Many of them were identified online and then faced threats to the fact that the District Attorney is taking this step ahead of a potential trial. Incredibly significant.
[04:05:00]
Paula Reid, CNN, Washington.
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NOBILO: CNN spoke with a former Georgia prosecutor about the case and what he thinks the judge may ultimately want to see happen.
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CHRIS TIMMONS, FORMER GEORGIA PROSECUTOR: I think first and foremost, he'd love to see the two speedy trial demands withdrawn, but I don't think that's going to happen. Alternatively, I think he wants a little bit of understanding of what's going to happen with regard to the removal up in federal court. I think that was probably his biggest concern that, you know, they might start a trial for everyone, including the potential defendants that might have their case removed and then end up having to remove the case to federal court. If that would happen, at that point it causes some double jeopardy concerns.
And so, I think that's his biggest issue is he doesn't want to start there. The other issue is logistically when you're dealing with 19 people, I mean, even trying to find a courtroom big enough to hold a trial like that is going to be tricky. But I mean you, the other side of that is how then would you like to do this trial twice? Each time probably going anywhere from nine months to a year.
(END VIDEO CLIP)
FOSTER: To yet another legal blow to Donald Trump, a federal judge ruled that Trump is liable in the second defamation case brought by former columnist E. Jean Carroll.
NOBILO: In May, a jury in the first trial found Trump sexually abused Carroll and defamed her when he said he didn't rape her, didn't know her, and that she wasn't his type. On Wednesday, the judge said that the jury's finding in that case is binding in this second case. So the trial set for January will now be limited to determining damages. Carroll is seeking more than $10 million.
FOSTER: A watchdog group filed a lawsuit on Wednesday to block Donald Trump from the Republican primary ballot in the state of Colorado, citing the 14th Amendments ban on insurrectionists holding public office.
NOBILO: The lawsuit says this should apply to Trump because of his efforts to overturn the 2020 election. A growing number of legal scholars have supported the legal strategy in the wake of Trump's indictments in Fulton County, Georgia and the January 6th case.
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LAURENCE TRIBE, CONSTITUTIONAL LAW PROFESSOR, HARVARD LAW SCHOOL: The Constitution says very clearly that anyone who takes an oath to the Constitution and holds an office and then tries to overturn the Constitution. By for example, preventing the peaceful transfer of power can never again hold office. That's clear. It's part of the Constitution. It's never been removed in a way that Trump era has been a tuition free education in constitutional law. Because there are so many things that have never happened before, and we have to confront them. We have never before had a president who took an oath to uphold the Constitution and then when he lost the election schemed and plotted to hold on to power. That is the very definition of an insurrection.
(END VIDEO CLIP)
FOSTER: And what's not clear, the Constitution does not spell out how to enforce this ban. Trump's campaign spokesperson says the 14th Amendment claims are stretching the law beyond recognition. Many expect the Supreme Court will ultimately decide on that one.
NOBILO: And police are still searching for a convicted murderer who escaped from a prison in Pennsylvania last week.
FOSTER: New surveillance video shows Danelo Cavalcante crab walking up two walls at the prison. Police say he was spotted on Tuesday moving into the woods in the search zone, and they found footprints as well in certain places. : CNN's Brian Todd has more.
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BRIAN TODD, CNN CORRESPONDENT (voice-over): This is the moment convicted murderer Danelo Cavalcante escaped from Chester County prison in Pennsylvania, prompting an intense manhunt that is now in its seventh day. From the exercise area, he crab walked up the wall and apparently dropped down the other side.
HOWARD HOLLAND, ACTING WARDEN, CHESTER COUNTY PRISON: Cavalcante escaped from the prison, having crab walked up a wall, pushed his way through razor wire, ran across a roof, scaled another fence, and pushed his way through more razor wire.
TODD (voice-over): A tower guard in an observation post did not see the escape and has been put on administrative leave. It took an hour until the prison was locked now and an alarm was sounded. Furthermore authorities admit in May, another inmate briefly escaped by the exact same route. Since then, the only step taken to address the weak point, additional razor wire was installed.
HOLLAND: While we believed the security measures we had in place were sufficient, they have proven otherwise.
TODD (voice-over): Meanwhile, the search area again growing on Wednesday after another sighting reported on Tuesday night. Unlike Monday's sighting, this one in a creek bed by a resident was not caught on camera.
TODD: Any traces of him left anywhere?
LT. COL. GEORGE BIVENS, PENNSYLVANIA STATE POLICE: Yes, there have been footprints and there have been other indicators to us that he has passed through a certain area. We've had a number of dog scent trails that we have followed for quite some time.
TODD (voice-over): Hundreds of officers plus dogs and drones and helicopters continue to search. At road blocks and check points, CNN observed police searching vehicles, opening trunks and checking back seats.
[04:10:00]
BIVENS: He will make that mistake that we are pushing him hard, so that he makes, where there will be some piece of other type of evidence that points us to him.
TODD (voice-over): Two school districts again closed on Wednesday. Reverse 911 calls warning residents in the area.
UNIDENTIFIED MALE: If you see this individual, do not approach him.
MICHAEL DOYLE, RESIDENT OF CHADDS FORD, PENNSYLVANIA: Locking everything, locking the cars at night. I've been checking out all the woods
TODD (voice-over): The risk --
BIVENS: He is a violent individual. If given the opportunity, I believe he would use as much violence as he needed to or could to avoid capture.
TODD (voice-over): Cavalcante escaped prison last Thursday, just over a week after he was sentenced to life without parole for the 2021 murder of his former girlfriend, Deborah Brandao. Authorities say she discovered he was wanted on murder charges in Brazil. Her sister tells CNN he had become suspicious and jealous.
SARAH BRANDAO, SISTER WAS MURDERED BY ESCAPEE (through translator): There were threats like, if you ever cheat on me, I'll do the worst to you. These types of things.
TODD (voice-over): Now that he escaped, she is scared. BRANDAO (through translator): I haven't slept for many days since then. I nap and I wake up afraid.
TODD: While law enforcement officials say they are concerned that this manhunt could come to a violent end given Danelo Cavalcante's violent history, Lieutenant Colonel George Bivens of the Pennsylvania State Police told me right now they do not have any indication that he has a weapon on him.
Brian Todd, CNN, Westchester, Pennsylvania.
(END VIDEOTAPE)
NOBILO: In Washington, DC, classes and events will resume today at George Washington University. They were shut down Wednesday as police searched for a homicide suspect who escaped from custody at the University Hospital. The scene near the school and the hospital have now been cleared.
FOSTER: But some roads around the White House are still closed as police continue to search for 30 year old Christopher Haines. They believe he's no longer in the area. The FBI is offering a $10,000 reward for information leading to his arrest.
U.S. Secretary of State is in Ukraine on the second day of his trip, putting on a show of U.S. support for Ukraine sake and help convince Congress back home to approve more aid.
NOBILO: On Wednesday, Antony Blinken met with Ukrainian President Volodymyr Zelenskyy and announced a new $1 billion military and humanitarian aid package. He said the U.S. is pleased by the progress that Ukrainian forces have made in the counteroffensive so far.
(BEGIN VIDEO CLIP)
ANTONY BLINKEN, U.S. SECRETARY OF STATE: Since I was last here almost exactly one year ago, Ukrainian forces have taken back more than 50 percent of the territory seized by Russian forces since February of 2022. In the ongoing counteroffensive, progress has accelerated in the past few weeks. This new assistance will help sustain it and build further momentum.
(END VIDEO CLIP)
FOSTER: His visit came as a missile ripped through a market, killing at least 17 people. This was the moment of the explosion on Wednesday in the region of Donetsk. Dozens of shoppers and workers were amongst the casualties, just people trying to go about their day.
NOBILO: The UN humanitarian coordinator, called the carnage tragic and unacceptable. And President Volodymyr Zelenskyy said whenever Ukrainian troops make a positive step on the battlefield, Russia responds by targeting civilians and civilian infrastructure.
FOSTER: Katie's here with more on that. I mean, there is that sort of pattern developing, right? KATIE POLGLASE, CNN INVESTIGATIVE PRODUCER: Absolutely. And this is
another devastating attack on Ukrainian civilians, and it's happened throughout this war. And let's not forget these are apparent war crimes. Targeting civilians, targeting civilian infrastructure is something we've investigated here at CNN throughout since the beginning of this conflict.
And it is continuing despite Ukraine's gains. Despite this positive news, the past few weeks, the counteroffensive is making progress. They're gaining land in the south, in the east along this frontline. Perhaps this is Russia's retaliation. That is what Ukraine's President Zelenskyy is claiming.
But it's also worth noting that Ukraine's progress is not just on this frontline. There were reports this morning again of drone attacks. This time in the Rostov-on-Don region. Two drone attacks, one very near to a military base in that area.
This is a sense of unease it's creating in the Russian population. There are 100 people over 100 people temporarily evacuated from this area. That creates a lot of disruption, a lot of unrest as well for the civilian population in Russia.
Now, of course, this is nowhere near the kind of toll that it's having on the Ukrainian population. But it may be part of the motivation here from Russia. They feel they're on the back foot. This is a way of reminding the Ukrainian population of really what this war feels like and how terrible it can be. But clearly, an absolutely awful and devastating attack for many, many families in this region, and unfortunately something that they are very accustomed to.
FOSTER: OK, Katie, thank you so much.
NOBILO: Still to come, a hurricane surging through the Atlantic is set to grow to a category 5 this weekend, we'll show you the storms path and who will be at risk.
FOSTER: Also ahead, Naomi Osaka lays out her timeline to return to the tennis court and talks about the big lessons that she's learned about herself during her time away.
[04:15:00]
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NOBILO: U.S. President Joe Biden has officially cancelled seven oil and gas leases in the environmentally sensitive Arctic National Wildlife Refuge in Alaska. Those leases were never developed and have been dormant since they were issued during the Trump administration. Mr. Biden took the action on Wednesday following a court victory last month.
NOBILO: The president said in a statement:
Cancelling all remaining oil and gas leases issued under the previous administration in the Arctic refuge and protecting more than 13 million acres in the Western Arctic will help preserve our Arctic lands and wildlife whilst honoring the culture, history and enduring wisdom of Alaskan natives who have lived on these lands since time immemorial.
Millions of Americans are again under heat alerts as high temperatures are either matching or beating records across the country. States in the Northeast are bearing the brunt of the heat. New York tied its hottest temperature of the year on Wednesday. Parts of Maryland, Virginia and Texas registered temperatures above 100 degrees Fahrenheit.
NOBILO: More record highs are possible today, across the Northeast, before things start to cool off.
[04:20:00]
But Southern states from coast to coast will endure high temperatures well into the weekend.
FOSTER: In the Caribbean, Hurricane Lee is picking up strength as it moves through the Atlantic. It intensified from a tropical storm on Wednesday, but as meteorologist Chad Myers tells us, it could still get much, much stronger.
CHAD MYERS, CNN METEOROLOGIST: There's Hurricane Lee in the middle of the Atlantic going to be a very hefty storm. Very, very, very big storm here, what we call a Category 4 hurricane at this point in time, somewhere in the ballpark of 240 kilometers per hour. Missing all of the islands so far. All the models taking it to the north and then eventually even a turn to the right and maybe away from land, but it's too early to tell. I think it really we won't even see any landfall for seven to 10 more days. And that could be anywhere from the Carolinas in the U.S. all the way up toward Nova Scotia. We simply don't know where this thing's going. That's just too far out there.
It's in very warm water right now, rapidly intensifying. But look at this blue, this is the wake of what was Hurricane Franklin. Hurricane Franklin was also 240 kilometer per hour storm out here in the Atlantic, churning up the water using the energy and the heat from the water. And that's where this storm is going. There may be some time where this storm stops intensifying, so that is some of the good news.
NOBILO: Meantime, in Greece, at least three people have now died amid torrential rain and flooding. Storms have also killed at least five others in Turkey and Bulgaria. Historic rainfall has shut down the port of Volos in Greece, which received a months worth of rain in a single day on Tuesday.
FOSTER: The country is bracing for more flooding as well in the days ahead. The storm is currently sitting over the Mediterranean and its coastal nations. The latest in a string of extreme weather events during the summer months.
NOBILO: A warmer than usual winter in the southern hemisphere is being blamed for severe and deadly weather in that part of the world. In southern Brazil, more than 30 are confirmed dead in heavy flooding caused by an extra tropical cyclone.
FOSTER: The rainfall totals are equal to what the area normally would receive in the entire month of September. Our affiliate CNN Brazil called it the worst natural disaster to strike that region in some 40 years.
Now one of the world's most popular tourist destinations will start charging an entry fee next year. Visitors to Venice, Italy will have to pay five euros to enter on peak days if they're not spending the night.
NOBILO: The move, which starts sometime in the spring, makes Venice the first city in the world to charge day trip visitors. Officials call the fee system an experiment for now in an effort to manage high volumes of tourist traffic.
FOSTER: An indictment against Hunter Biden, President Biden's son, may be imminent, and it may be related to a gun possession charge. We'll have details just ahead.
NOBILO: Coming up also, Mexico takes a huge leap forward to ensure reproductive access to women in the country. That's coming up next.
[04:25:00]
(COMMERCIAL BREAK)
NOBILO: Welcome back to CNN NEWSROOM. I'm Bianca Nobilo.
FOSTER: I'm Max Foster. If you just joining us, here are the top stories.
A judge in Fulton County, Georgia, ruled against two of Donald Trump's 18 co-defendants, denying their motion to separate their cases from each other. The judge was skeptical of the prosecution's plan to hold a trial for all 19 defendants starting next month.
And the search for convicted murderer Danelo Cavalcante continues following his escape from a Pennsylvania prison. Authorities warn he's dangerous and has nothing to lose.
NOBILO: The Justice Department revealed in a new court filing that special counsel David Weiss intends to indict President Biden's son, Hunter Biden, by the end of the month, likely relating to a gun purchase. Attorneys for Hunter Biden are expected to submit their own filing later on today. We get more now on this story from CNN's Kara Scannell.
(BEGIN VIDEOTAPE)
KARA SCANNELL, CNN CORRESPONDENT: We learned in a court filing this afternoon that special counsel David Weiss says that they are going to seek an indictment related to the gun case this month. Saying that because of the Speedy Trial Act that they would need to make a decision on this case by September 29th. They are saying they are going to do so before that date. You know, and the remember this is part of this pretrial diversion
deal that he had reached last -- back in July. And under that deal he would have avoided prosecution on a gun possession charge. Possessing a gun while he was under the influence of a controlled substance. He's been very public about his cocaine addiction. You know, that was a -- that's a felony that faces a statutory maximum of 10 years in prison. So that was going to be diverted if he met certain conditions, including not using drugs and not possessing a gun for 24 months. That deal fell apart.
What we don't know from the filing is exactly what they will try to seek an indictment on. If it will be that same felony or if it will be, which we know something that we're looking at, falsifying the form in which he filled out to get that gun. So that remains an open question at this point. But certainly in this case is looking like it's going to move forward with a felony charge against the President's son.
(END VIDEOTAPE)
FOSTER: U.S. Senate Republican Leader Mitch McConnell says he intends to stay atop the conference he has led for the past 16 years amid concerns about his health.
NOBILO: McConnell met with his Republican colleagues behind closed doors on Wednesday. He spoke for about five minutes and several Senators tell CNN that they were satisfied with his explanation about the two recent incidents where he froze while speaking.
FOSTER: On Tuesday, McConnell's office released a letter from Capitol Hill's attending physician who says there is no evidence the Senator experienced a seizure or a stroke. But the letter does not give a precise reason for the freeze ups and McConnell refused to elaborate.
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MANU RAJU, CNN CHIEF CONGRESSIONAL CORRESPONDENT: What have doctors said is the precise medical reason for those two freeze ups?
SEN. MITCH MCCONNELL (R-KY) U.S. SENATE REPUBLICAN LEADER: What Doctor Monahan's report addressed, was concerns people might have of some things that happened to me did happen. Well, they didn't. And they really I have nothing to add to that. I think he pretty well covered the subject. I'm going to finish my term as leader and I'm going to finish my Senate term.
(END VIDEO CLIP)
NOBILO: A U.S. Federal judge has ordered the state of Texas to remove its floating barriers in the Rio Grande in a victory for the Biden administration.
[04:30:00]
